Indiana Court Upholds Adult Bookstore Restrictions

INDIANAPOLIS — The Indiana Court of Appeals ruled Dec. 14 that zoning restrictions regulating adult bookstores in southern Indiana's Spencer County do not violate the state Constitution.

The zoning ordinance, which requires sexually themed businesses to be located at least 1,000 feet away from homes, churches or schools, was upheld by a three-judge panel that said the ordinance did not unconstitutionally restrict free speech and noted that owners of 231 Adult Plaza could have built elsewhere.

It is not known whether Adult Plaza will appeal the ruling.

Adult Plaza opened in October 2005 at a former truck stop about 35 miles east of Evansville, Ind. Soon after, Spencer County officials amended their zoning ordinance to restrict adult businesses from within 1,000 feet of a home, church or school.

The county then sought an injunction to halt the plaza's activities. The adult business moved out of its main building, but continued operating in an adjacent convenience store, with a gift shop selling adult novelties and a stage for exotic dancers.

Last March, Spencer Circuit Judge Wayne Roell ruled Adult Plaza had violated the 1,000-foot restriction, and in June, Roell found Adult Plaza in contempt of court and fined it $30,000 after witnesses testified that nude dancing was taking place.

Adult Plaza appealed, arguing that the ordinances violated the 1st Amendment, that the county had not proven any secondary negative effects had occurred, and that the plaza should have been grandfathered in, since the county didn't pass the ordinance until after the business opened. Storeowners wanted Roell's earlier decision granting summary judgment reversed so the case could proceed to trial.

The county argued the 1,000-foot restriction is constitutional and that one of Adult Plaza's buildings is within that distance of an existing residence.

"Plaza has failed to cast direct doubt on the county's rationale for the ordinances," Judge John G. Baker wrote in the 32-page decision. "The evidence shows that there are at least 34 alternative sites in the Spencer County on which [Adult] Plaza could operate a sexually-oriented business and comply with the 1,000-foot restriction. Therefore, because the ordinances are designed to serve a substantial government interest while allowing for reasonable alternative avenues of communication, the dictates of the 1st Amendment are satisfied and [Adult] Plaza's challenge fails."

The owners can appeal to the state Supreme Court, continue operating within the current ordinance keeping adult-inventory limits, or the business could relocate to one of the other Spencer County zones that aren't within the 1,000-foot restriction.

County officials have announced their intention to monitor activities inside Adult Plaza and take further action if they witness any violations of the ordinance.

"We are not there to padlock the doors and say they can't do anything on that site," Spencer County Plan Commission attorney Scott Wetherill said. "If they want to operate a convenience store, gas station or restaurant, they can do that, but it must be in conformity with the zoning ordinance."

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

CC Wellness Opens New Santa Clarita Facility

JO parent company CC Wellness has opened its new operations and warehouse facility in Santa Clarita.

Svakom Launches New Brand 'Kaotik Labs'

Svakom has launched its new male sex-tech sister brand, Kaotik Labs.

Pjur Introduces 'SachetCard' Dispenser at Düsseldorf's 'Sex Now' Exhibition

Pjur has introduced its SachetCard dispenser at the Sex Now exhibition at NRW-Forum in Düsseldorf.

AV Bulletin: Canada, Italy, Australia Updates

Since the Supreme Court’s decision in Free Speech Coalition v. Paxton, more state age verification laws have been enacted around the United States, as well as proposed at the federal level and in other countries. This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Virginia 'Porn Tax' Bill Delayed Until 2027

A Virginia House of Delegates subcommittee on Monday voted to postpone until next year consideration of a bill that would impose a 10% tax on the gross receipts of adult websites doing business in that state.

Orion Unveils New Styles From 'Svenjoyment Bondage' Line

Orion Wholesale has released three new styles from its Svenjoyment Bondage line.

Full Circle Introduces 'Sparkle' Plug Collection

Full Circle has debuted its new Sparkle line of jeweled anal plugs.

Kheper Releases 'Let's F*ck!' Scratch Tickets

Kheper Games has debuted its new "Let’s F*ck!" novelty scratch tickets.

Virginia Becomes Latest State to Weigh 'Porn Tax'

The Virginia House of Delegates is considering a bill that would impose a 10% tax on the gross receipts of adult websites doing business in that state.

Sportsheets Releases New Training Video for 'Edge' Collection

Sportsheets has released its latest training video, hosted by Brand Ambassador Rin Musick, featuring the company's recently expanded Edge collection.

Show More